The Human Rights Challenge To Immunity In International Law PDF Download
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| Author | : Selman Özdan |
| Publisher | : Springer Nature |
| Total Pages | : 206 |
| Release | : 2022-02-12 |
| Genre | : Political Science |
| ISBN | : 303092923X |
Download The Human Rights Challenge to Immunity in International Law Book in PDF, ePub and Kindle
This book focuses on the tension between the protection of human rights recognised as jus cogens (peremptory) norms, on the one hand, and the bestowal of immunity on the state and its representatives, on the other, to ascertain how these immunities can be eroded, if not fully abolished, to maintain full protection of jus cogens human rights under international law. The book argues that immunity should not equate to impunity when violations of jus cogens human rights are committed by States, Heads of State, or diplomatic agents. To make the case, the organic structures of the concepts of sovereignty and fundamental human rights are examined. Then, the human rights-based challenge to immunity is presented with respect to State, Head of State and diplomatic immunity, and the transition from a state-centric system to a human-centric system is explored. Jus cogens norms are at the centre of the impunity versus immunity debate.
| Author | : Rosanne Van Alebeek |
| Publisher | : OUP Oxford |
| Total Pages | : 488 |
| Release | : 2008-03-06 |
| Genre | : Law |
| ISBN | : 0191552542 |
Download The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law Book in PDF, ePub and Kindle
The development of international human rights law and international criminal law has triggered the question whether states and their officials can still shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved. The Pinochet case was the first case that put this issue in the limelight of international attention. Since then, the question has been put to several domestic and international courts, and has engaged the minds of scholars and politicians around the world. This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international human rights law and international criminal law without the simultaneous development of international institutional enforcement mechanisms had brought the question of the role of national courts in the application of these norms to the fore and has made the question as to the relation between immunity rules and human rights and international criminal law an immediate one. The tension between the centuries old immunity rules and the relatively recent developments in international human rights law and international criminal law presents itself in two distinct forms. In the first place it can be questioned whether immunity rules as such are compatible with certain fundamental rights of individuals under international law such as the rights of access to court, the right to a remedy, or the right to effective protection. Secondly, it can be questioned whether immunity rules apply unabridged in proceedings concerning grave human rights abuses. In its examination of these two questions this book sets out to clearly distinguish the different scope and nature of the rule of state immunity, the rule of functional immunity and the personal immunity of diplomatic agents and heads of state. While strong arguments against certain applications of immunity rules can be derived from international human rights law and international criminal law, this book argues that an unqualified attack on immunity rules risks casting a shadow over all human rights based arguments.
| Author | : Xiaodong Yang |
| Publisher | : Cambridge University Press |
| Total Pages | : 941 |
| Release | : 2012-09-27 |
| Genre | : Law |
| ISBN | : 0521844010 |
Download State Immunity in International Law Book in PDF, ePub and Kindle
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
| Author | : Selman Ozdan |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : |
| ISBN | : |
Download The Human Rights Challenge to Immunity in International Law Book in PDF, ePub and Kindle
| Author | : Hazel Fox |
| Publisher | : OUP Oxford |
| Total Pages | : 3290 |
| Release | : 2013-08-29 |
| Genre | : Law |
| ISBN | : 0191669768 |
Download The Law of State Immunity Book in PDF, ePub and Kindle
The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.
| Author | : |
| Publisher | : BRILL |
| Total Pages | : 375 |
| Release | : 2015-08-31 |
| Genre | : Business & Economics |
| ISBN | : 9004296069 |
Download Immunity of International Organizations Book in PDF, ePub and Kindle
Immunity rules are part and parcel of the law of international organizations. It has long been accepted that international organizations and their staff need to enjoy immunity from the jurisdiction of national courts. However, it is the application of these rules in practice that increasingly causes controversy. Claims against international organizations are brought before national courts by those who allegedly suffer from their activities. These can be both natural and legal persons such as companies. National courts, in particular lower courts, have often been less willing to recognize the immunity of the organization concerned than the organization’s founding fathers. Likewise, public opinion and legal writings frequently criticize international organizations for invoking their immunity and for the lack of adequate means of redress for claimants. It is against this background that an international conference was organized at Leiden University in June 2013. A number of highly qualified academics and practitioners gave presentations and prepared written contributions that are collected in this book. This book is published to celebrate the 10th anniversary of the International Organizations Law Review, in which these contributions have also been published (Vol. 10, issue 2, 2014).
| Author | : Anne Peters |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 378 |
| Release | : 2015-01-27 |
| Genre | : Law |
| ISBN | : 9004251634 |
Download Immunities in the Age of Global Constitutionalism Book in PDF, ePub and Kindle
The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book consists of five parts: ‘State Immunity – National Practice’; State Immunity before the ICJ – The case Germany v Italy; ‘Commercial Activities and State Immunity’; ‘Immunity and Impunity’; and ‘Immunities of International Organisations’. Although immunities are in principle firmly anchored in international law, their precise legal implications are often unclear. The book takes up a number of new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.
| Author | : Jürgen Bröhmer |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 270 |
| Release | : 1997-01-01 |
| Genre | : Political Science |
| ISBN | : 9789041103222 |
Download State Immunity and the Violation of Human Rights Book in PDF, ePub and Kindle
2) Art. 6 ECHR.
| Author | : Tom Ruys |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2019-04-30 |
| Genre | : Law |
| ISBN | : 110828499X |
Download The Cambridge Handbook of Immunities and International Law Book in PDF, ePub and Kindle
Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.
| Author | : |
| Publisher | : BRILL |
| Total Pages | : 342 |
| Release | : 2020-11-04 |
| Genre | : Law |
| ISBN | : 9004441034 |
Download The Role of International Administrative Law at International Organizations Book in PDF, ePub and Kindle
The Role of International Administrative Law at International Organizations, edited by Peter Quayle, is centred on the law of employment relations at international organizations, and divided into four parts. It examines the interplay between international administrative law and the jurisdictional immunities of international organizations. It explores the principles and practice of resolving employment related disputes at intergovernmental institutions. It considers the dynamic development of international administrative tribunals. It examines international administrative law as the basis for the effectiveness and integrity of international organizations. Together academics, jurists and practitioners portray the employment law that governs the international civil service and the resulting accountability of the United Nations, UN Specialized Agencies, and international financial institutions, like the World Bank and IMF.
